Expert Witness Marketing and News Blog

A Marketing and News Blog dedicated to the Expert Witness community

Labor law expert witness ruled upon in New York

Any bias in the testimony of an expert’s application of employer’s disciplinary policies spoke to weight to be afforded to expert’s testimony, and not its admissibility. In sum, this was the essence of the New York district court’s judgment in the case Kemp v. CSX Transportation Inc. on January 27, 2014, wherein the court admitted a labor law […]

read more

Agricultural economics expert witness succumbs to Daubert challenge in Vermont

Recently a world renowned agricultural economics expert witness was challenged on various grounds under Daubert and its progeny in the case Allen v. Dairy Marketing Services, LLC. The Vermont district court granted the motion to exclude in part and denied it in part, commenting that weaknesses in expert testimony is best addressed by cross-examination during […]

read more

Third Circuit rules on cocaine conspiracy trial

On 16th January 2014, the Third Circuit examined the admission of a drug enforcement expert witness testimony in the case U.S. v. Coles and held that the district court was perfectly within its rights on admitting it. Facts of the case Appealing the convictions and sentences arising from their participation in a large cocaine and […]

read more

Parent shoots another parent to avenge daughters’ school fight: SC says erroneous admission of expert witness was harmless

The following is a shocking account of how a silly school fight between two kids culminated in one of the parents shooting the other multiple times with a pistol and then appealing to the Supreme Court of Kentucky, citing trial court’s error in admitting expert opinions. Background of the case Following a fight between two twelve-year […]

read more

Forensic accounting expert testifies in insurance racketeering case

The Nevada district court recently admitted a forensic accounting expert testimony in an insurance racketeering case (Allstate Insurance Co. v. Balle), and clarified that the Daubert factors were not universally applicable, as the Defendants seemed to suggest. Facts of the case After making settlement payments to approximately 86 claimants involved in automobile accidents, Plaintiff Allstate […]

read more

Parental supervision not appropriate subject for expert testimony: West Virginia District Court

The National Safekids Campaign recommends that no child under the age of 12 can be left at home alone – but what if even at home, the parents fail to look after their child? At least seven expert witnesses on parental supervision were excluded by the West Virginia district court on January 15, 2014 in the […]

read more

Narrow definition of the expertise insufficient to exclude: Missouri district court

The Missouri district court recently ruled upon a transportation expert witness testimony in the case of Perrin v. Papa John’s International, Inc. and held that a narrow definition of the expertise does not necessarily render the expert’s opinion unreliable and irrelevant. Background of the case Asserting violation of the Fair Labor Standards Act and the minimum wage […]

read more

Insurance expert witness allowed to use second hand data in Michigan

An expert may utilize otherwise inadmissible reports prepared by others in forming his or her opinion if the facts or data are of a type reasonably relied upon by experts in the particular field. Essentially this was the crux of the Michigan district court’s recent ruling in allowing the opinion testimony of an insurance expert […]

read more

Biomechanical engineering expert witness excluded for opining on matters beyond his expertise

An expert witness should always stick to his area of expertise while offering testimony, no matter how knowledgeable he thinks himself to be. The lesson was learnt the hard way for a biomechanical expert witness in Oaks v. Westfield Ins. Co., when the Louisiana district court decided to exclude his testimony for opining on matters […]

read more

Six expert witnesses challenged in trade secret misappropriation case

The United States has identified industrial spying as a significant and growing threat to the nation’s prosperity. In a recent judgment involving economic espionage, the California District Court ruled upon six expert witness testimonies, and confirmed yet again that “vigorous cross-examination, presentation of contrary evidence, and careful instruction on the burden of proof are the […]

read more